4th Session, 41st Legislature
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THE GIFT OF LIFE ACT (HUMAN TISSUE GIFT ACT AMENDED)
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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following centred heading is added before section 1:
Section 1 is amended by adding the following definitions:
"organ donation registry website" means a prescribed website operated by the Winnipeg Regional Health Authority; (« site Web du registre sur le don d'organes »)
The following is added after section 1:
DONATIONS FOR TRANSPLANT AND OTHER THERAPEUTIC USES AFTER DEATH
This Part governs the donation and use of tissue from a deceased person for transplant and other therapeutic purposes.
Subject to section 1.4, when a person dies, tissue from his or her body may be removed and used for transplant or other therapeutic purposes without the need for consent from the person, his or her proxy or a relative of the person.
A person who is 18 years of age or over may object to the removal and use of tissue from his or her body after death for transplant or other therapeutic purposes by
(a) registering his or her objection on the organ donation registry website in the prescribed manner;
(b) stating his or her objection in a written document signed by the person that is provided to the person's attending physician; or
(c) stating the objection orally in the presence of at least two witnesses during the person's last illness.
If a person who is 18 years of age or over
(a) dies without making an objection under subsection (1); or
(b) is facing imminent death and, in the opinion of a physician, the person is incapable of making an objection under subsection (1);
an objection to the removal and use of tissue from the person's body after death for transplant or other therapeutic purposes may be made in accordance with clause (1)(a) or (b) by
(c) the person's proxy; or
(d) if there is no proxy authorized to act or the proxy is unavailable, by the person's nearest relative.
A parent or guardian of a minor may register an objection to the removal and use of tissue from the minor's body after death for transplant or other therapeutic purposes in accordance with clause (1)(a) or (b).
When an objection by or on behalf of a person has been made in accordance with section 1.3, no tissue may be removed from the person's body after his or her death and used for transplant or other therapeutic purposes.
The following is added before section 2:
DONATIONS FOR MEDICAL EDUCATION AND SCIENTIFIC RESEARCH
Subsection 4(3) is amended
(a) in the part before clause (a), by adding "under section 2" after "direction"; and
The following is added before section 9:
DONATIONS FROM LIVING PERSONS
The following centred heading is added before section 12:
The following is added after clause 15.1(b):
(c) prescribing anything referred to in this Act as being prescribed;
(d) respecting any matter necessary or advisable to carry out the purposes of this Act.
Subsection 4(4) of The Anatomy Act is repealed.
This Act comes into force on a day to be fixed by proclamation.